Date of Filing: 18.06.2008<br /> Date of Order:18.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 18TH DAY OF AUGUST 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1345 OF 2008<br /> H.N. Gorakshanath<br /> # 5/2, Sri Rama Nilaya<br /> 1st floor, Shankrappa Garden<br /> Magadi Road, 8th Cross<br /> Bangalore 560 023 Complainant<br /> <br /> V/S<br /> 1. Videocon Industries<br /> # 4/4, B T S Main Road<br /> 12th Cross, Wilson Garden<br /> Bangalore 560 030<br /> <br /> 2. Kundan Electronics<br /> # 10/10, Dr. Raj Kumar Road<br /> Rajajinagar<br /> Bangalore 560 010 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that he had purchased Videocon LCD TV on 16.03.2007 from opposite party No. 2. TV was malfunctioning. It was replaced with another set. On 31.05.2008 there was a power failure. When the power came TV did not work. The technician came to conclusion that tuner card is damaged. Stabilizer was also provided to TV. Opposite party No. 2 insisted to pay for tuner card which may cost between Rs. 7,000/- to Rs. 8,000/-. Therefore, the complainant sought cost of TV set Rs. 19,000/- and compensation of Rs. 6,000/-. <br /> 2. Notice was issued to opposite parties. Opposite party No. 2 though served with notice did not appear. Therefore, he is placed as exparte. On behalf of opposite party No. 1 his representative was present before the forum and he submitted that company will repair the TV set by giving 50% rebate to the complainant. The complainant who was also present in person, he personally argued that the opposite party No. 1 should get the repairs done without charging any amount. The complainant further submitted that otherwise opposite parties may be directed to replace the defective TV set. After considering the arguments and submissions made by the Company representative Sri Raveendran and after considering the facts and circumstances of the case it would be just, fair and proper to direct the opposite parties to carryout the repairs on the complainant’s TV set, make it functional and defect free by giving 75% rebate to the costs of the repairs and spare parts. The complainant shall be directed to pay only 25% of the cost of repairs and spare parts. I feel this arrangement or settlement will meet the ends of justice. Consumer Protection Act is enacted to protect the better interest of the Consumers. Opposite party No. 1 being the reputed and big company should see that its products are free from any kind of defects. The company should see that customers are satisfied with their product. In this case the complainant has complained about the malfunctioning and defects in Videocon TV Set. Therefore, the defect should be set right. Taking into consideration of submissions and offers made by the officer of opposite party No. 1 company we direct the opposite party No. 1 company to get repair the TV set of the complainant and should make TV set defect free and functional. The opposite party No. 1 shall collect only 25% of cost of repairs and spare parts from the complainant. With this observation and instructions the complaint is allowed.<br /> 3. Send the copy of this Order to both the parties free of costs immediately. <br /> 4. Pronounced in the Open Forum on this 18TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> CV<br />